BEING A BY-LAW FOR THE LICENSING AND REGULATION OF DOGS WITHIN THE TOWNSHIP
OF MARIPOSA

.

WHEREAS the Dog licensing and Livestock and Poultry Protection Act provides
that By-laws be passed by Council of a local municipality for licensing and
requiring the registration of dogs and for prohibiting or regulating the
running at large of dogs in the Municipality.

WHEREAS the Ontario Municipal Act Part 104 and Part 210 allows the passing
of by-laws regulating the keeping of animals and regulations for the
health, safety and welfare of the inhabitants of the municipality.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF MARIPOSA
ENACTS AS FOLLOWS:

(b)"at large"...means of the premises of the "owner" or keeper and not
under the control of any person by any means. Mere presence of the "owner"
or keeper does not indicate control. "At large" may also include a leashed
dog which is not under the control of the "owner" or keeper. MUNICIPAL
ACT-----SECTION 210 4

(c)"By-Law Enforcement Officer" includes a person or persons appointed by
the By-Law of the Township of Mariposa for the purpose of enforcing the
provisions contained in this By-Law or any of the other By-laws of the
Corporation.

(e)"Dog Control Officer" means any person appointed by the By-Law of the
Council for the Corporation for the purpose of enforcing the provisions of
this By-Law or any act of the Legislature giving local municipalities
authority to regulate or control any dog or its "owner".

(f) "enclosure"...means a pen or kennel run of sufficient height and
stability to contain a specific dog and forming a confined area with no
sides sharing a common fencing with a perimeter fence. It must be capable
of confining a dog in a secure and humane manner and approved by the By-Law
Enforcement Officer. The enclosure must have a secure top attached to all
sides. The sides must either be buried two feet into the ground or sunken
into a concrete pad. The gate to the pen or kennel run must be self
closing and have a lock.

(g) "hearing"...means the consideration of evidence presented by a "panel"
including the following of Schedule A (evidence) as a means of assessing
the degree of infraction and whether or not there has been an infraction.

(h) "kennel"...means a place, whether enclosed or not, where dogs are kept
for the purposes of breeding, boarding or commercial purposes.

(i) "notice"...means any communication whether in writing or verbal.

(j) "nuisance dog"...means any dog in non compliance with the Township of
Mariposa Leash By-Law.

(k) "owner"...of a dog includes a person who possess or harbours a dog,
and where the owner is a minor, the person responsible for the custody of
the minor. (Municipal Act, Sec.210, 6a {a} )

(l) "panel"...means three persons selected by the Township of Mariposa
By-Law Enforcement Office in sequence from a list of qualified individuals
- with at least one person familiar where possible with the particular
breed type in question - who are knowledgeable about dog behaviour,
including but not limited to Veterinarians, dog obedience trainers, dog
handlers, and dog breeders. The Township of Mariposa By-Law Enforcement
Officer shall establish, control and maintain this list. The assistance of
other organizations may be solicited in establishing and compiling the
list. In no case may the By-Law enforcement Officers be allowed to be
included on this list.
MUNICIPAL ACT----SECTION 210 6 (C) ????

(m) "pure-bred"...means

(1) registered or eligible for registration in the register of the
Canadian Kennel Club, Incorporated, or, (2) of a class designated from time to time as pure bred in the
regulations pursuant to the Dog Licensing and Livestock and Poultry
protection Act, R.S.O. 1980, Chapter 123.

(n) "potentially dangerous dog"...means

(1) any dog that without provocation and while at "large" approaches in an
obviously and distinctly threatening manner, any person, or,(2) any dog which attacks and injures another domestic animal without
provocation, (3) any dog which is allowed to injure or kill wildlife (4) any abused dog not withstanding clause n) 2)

(o) "Township"...means the Corporation of the Township of Mariposa.

(p) "vicious dog"...means

(1) any dog that inflicts injury by biting or by attacking upon a human
being (2) any dog owned or harboured primarily or in part for the purpose of
dog fighting or any dog trained for dog fighting.

(i) in the instance that serious injury is inflicted on a Human Being
under the criterion of either p) (1) or p) 2) then this instance is to be
reviewed by a "hearing" by a "panel" in order that it be determined if the
action on the part of the dog was warranted and normal behaviour in light
of individual circumstances of the event, with consideration for; DOG
OWNERS LIABILITY ACT-[65,400] FINES $5000.00 [65,050] AND SECTION
[65,300]?????

(a) no dog is arbitrarily considered "vicious" for inflicting injury
or damage on a person committing a wilful trespass or other tort upon the
premises occupied by the owner of the dog, or teasing, tormenting, abusing
or assaulting the dog or committing or attempting to commit a crime.
In the same context no dog will be arbitrarily be considered
"potentially dangerous" for inflicting injury or damage on a domestic
animal that was teasing, tormenting, abusing or assaulting the dog.(b) no dog is considered "vicious" for taking action to defend or
protect the owner or other person from an attack or assault by another
person or animal.(c) no dog is arbitrarily considered "vicious" or "potentially
dangerous" if it is protecting or defending (erroneously or otherwise) its
young or other animal. The owner will however be held responsible and
correspondingly charged if by negligence or by choice he allows innocent
persons or animals to be injured by a dog known to be in the situation
where it would feel compelled to protect its young or other animals. It is
the responsibility of the owner to be knowledgeable of his dogs
idiocincracies.

The fine will be a minimum of $50.00 to a maximum of $500.00

Infractions will be decided by the By-Law Enforcement Officer unless by
his/her choice he/she wishes a "hearing" by a "p

anel".

REGULATIONS

2.

(a)

Unless otherwise provided in this By-Law, the "owner" of every dog
in the Township of Mariposa shall before the 31st day of March in each year
cause the same to be registered and licensed either at the office of the
Clerk of the Township of Mariposa, at Oakwood, or, with Dog Control
Officer, and shall cause any dog so registered and licensed to wear upon
its neck a collar to which shall be attached a dog tag issued by the
Township for the current year.

(b) Each dog tag shall bear a serial number and the year of issue and a
record shall be kept in the Township office showing the serial number of
all issued tags and the name and address of the "owner" in each case.

(c) If a tag is lost or misplaced for any reason, the "owner" shall make
application for, and upon payment of a fee of $.0.25, shall be entitled to
a replacement tag.

(d) Every license shall be for the calendar year in which it was issued
and shall expire on the 31st day of December of the year in which it was
issued.

(e) This section shall not apply to a dog found within the Township of
Mariposa and properly licensed for the current year by another
Municipality.

3.

(a)

Upon procuring a license tag in accordance with the provisions of
Paragraph 2, a person so applying shall pay a license fee as follows:
MUNICIPAL ACT 210 6d AND THE DOG LICENSING AND LIVE STOCK AND POULTRY
PROTECTION ACT CHAPTER 123 PART 1 2(1)

i) for a male/female dog - $10.00
ii) for a second male/female - $10.00
iii) for each additional dof male/female - $10.00

(b) The owner of a "kennel" of "pure bred dogs" may apply for a special
license which will include all pure bred dogs within the "kennel". This
license shall be called a Kennel License and can only be issued to said
persons if they are currently members of and in good standing with the
C.K.C.--DOG LICENSING AND LIVE STOCK AND POULTRY PROTECTION ACT SEC. 123 3.

(c) The Owner of a kennel of purebred dogs registered in the Register of
The Canadian Kennel Club, shall apply for all pure bred dogs within the
Kennel and such license shall be regulated as follows:

i) The annual fee for a kennel license shall be $25.00 payable to the
Clerk of the Corporation, or to the Dog Control Officer, and the owner
shall not be liable to pay any further license fee in respect of such
purebred dogs while they remain in the kennel.

ii) Before licensing any such kennel, the Township may require the owner
thereof to produce evidence satisfactory to it that the kennel is being or
shall be operated, as the case may be, within acceptable health standards.
DOG LICENSING AND LIVESTOCK AND POULTRY PROTECTION ACT 123 3

4.

(a)

No person shall allow a dog to run at large in the Township of
Mariposa.--MUNICIPAL ACT SEC. 210 6 (f)

(b) Any dog running at large contrary to the provisions of this By-Law may
be seized, inpounded, killed or otherwise disposed of by such person as may
be duly authorized to so do as hereinafter provided, namely,

i) it shall be the duty of the "Dog Control Officer" to capture any dog
running at large contrary to the provisions of this By-Law and to impound
or destroy such dog. DOG LICENSING AND LIVE STOCK AND POULTRY PROTECTION
ACT CHAPTER 123 SEC 9ii) the "owner" of any dog or dogs so seized or impounded and which
bear a dog tag for the current year, may be permitted to redeem the dog or
dogs within four days from the time of notice of seizure by paying to the
Clerk of the Township the sum as provided in the schedule of fees. Schedul
e B.

(c) All dogs impounded under the provisions of this By-Law and which are
not redeemed within four days from notice of such impounding may be sold or
destroyed.

(d) Any person shall be entitled to take charge of any dog found running at
large but shall forthwith deliver the dog to an "Dog Control Officer",
unharmed only.

(e) For the purpose of this section, notice may be given verbally by the
"Dog Control Officer" to the "owner' or "owners" in question.

5.

(a)

Where a dog running "at large" appears to be of a vicious nature or
has caused damage to property, any person authorized to seize a dog running
"at large" contrary to provisions of this By-Law, may immediately kill such
dog.
(b) No damage or compensation shall be recovered or recoverable on accoun
of the disposition or destruction of any dog persuant to this By-Law or any
Act of the Legislation.

6. Every >"owner" of a dog shall have the dog innoculated with a rabies
vaccine at least once every twelve (12) months, and shall produce evidence
of such innoculation to any "Dog Control Officer" on demand, or such
innoculations will be deemed non existent.

7. No "owner" shall allow his dog or dogs to become a nuisance by howling
or barking excessively. Any person so aggrieved by the howling or barking
of a dog or dogs may appear before a Justice of the Peace and swear an
information charging the Owner with a breach of this Section. Municipal
Act 210/132

8. Any person who owns or harbours a dog shall remove forthwith excrement
left by the dog anywhere in the Township.

9.

(a)

No person may own any dog for the purpose of fighting, or train,
torment, badger, bait or use any dog for the purpose of causing or
encouraging that dog to engage in unprovoked attacks upon human beings or
domestic animals, nor may any person participate in, promote, or allow
property the person owns to be used for dog fighting. Fines for
infractions of this clause will be from $500.00 to $2000.00 and be decided
by the Courts.
(b) Any person found guilty of deliberately teasing a dog and causing
aggressive, anti-social behaviour in the dog without the owner's knowledgee
and consent will be fined $50.00 for the first offence and $75.00 for the
second offence. In the case of minors the fine will be the responsibility
of the parent or guardian. This penalty will be levied against any
individual deliberately harrassing by gesture, physical abuse, voice, or by
any other means which results in anti-social behaviour of any dog withou
the "owners" consent.

10. No person may posses with intent to sell, or offer for sale, breed or
buy or attempt to buy within the limits of the Township of Mariposa, any
dog determined to be "vicious" under definition of clause p) (1) and p)
(2), of this By-Law and determined by a "hearing" or by the Court.

11. In the event that the "Dog Control Officer" has probable cause to
believe that a dog is vicious, he/she may convene a "hearing" to determine
whether the dog in question should be declared "vicious" . The "Dog Control
Officer" > shall notify the owner that a "hearing" will be held, at which
time the owner of the dog may present evidence why the dog should not be
declared "vicious". The "hearing" shall be held between five and ten days
after the "owner" is given notice. MUNICIPAL ACT SEC 210 (1)

12. After the "hearing" the "owner" of the dog and the "Dog Control
Officer " shall be notified in writing of the determination of the "panel" .
If the determination is made that the dog is "vicious" the "owner" shall
comply with the provisions of the By-Law in accordance with a schedule
established by the "Dog Control Officer" , but in no case more than thirty
days subsequent to the date of the determination. If the "owner" contests
the determination, the "owner" may, within five days of such determination
bring a petition in the County Court, requesting that the court conduct
it's own hearing on whether the dog should be declared "vicious" . After
service of notice to the "Dog Control Officer" , the court shall conduct a
hearing De novo and make its own determination. If the court rules the dog
to be "vicious" the court may establish a schedule to ensure compliance
with this By-Law, But in no case more than thirty days subsequent to the
Court's determination. The court may decide all issues for or against the
"owner" of the dog whether or not the "owner" appears at the "hearing".
MUNICIPAL ACT SEC 210 (1) ???

13. In the event that the >"Dog Control Officer" has probable cause to
believe that the dog in question is vicious and may pose a threat or
serious harm to persons or other domestic animals, then the "Dog Control
Officer" may sieze and impound the dog pending the aforesaid "hearing".
Subject to the approval of the "Dog Control Officer" the dog may be
impounded in a facility agreeable to the "owner". If the dog is found to
be "vicious" the "owner" of the said dog shall be liable to the "Township"
wherein the dog is impounded for the costs and expenses of keeping the dog.
The "Dog Control Officer" may establish a schedule of payment of these
costs. The "owner" shall incur the expense of impounding the dog in a
facility other than the "Township" pound whether the dog is found "vicious"
or not.

14. Any dog shall be deemed "potentially dangerous" if it without
provocation kills, wounds, or assists in killing or wounding any domestic
animal or any wildlife while off the property of the "owner". The "owner"
of the dog shall be held responsible and shall be held in noncompliance
with this By-Law and fined $100.00 and shall reimburse the owner of the
animal attacked for replacement of the attacked animal and/or veterinary
expenses. In addition the "Dog Control Officer" is empowered to
immediately sieze and impound (if the "owner" is not present) the dog and
after expiration of ten days waiting period following the impoundment, to
humanely euthanize the "potentially dangerous" dog.

15. Any dog that without provocation (with consideration to clause
n)(1),(2),and (3)) and while "at large" approaches a person or animal unde
control of a person (leashed) in an obviously and distinctly threatening
manner shall be deemed "potentially dangerous". The "owner" of the
"potentially dangerous" dog shall be liable for a fine of $50.00 for the
first offence and $100.00 for subsequent offences of the above nature.

16.

a)

Any "abused" dog shall be deemed "potentially dangerous". The
"owner" of an "abused" dog who has allowed, aided in or has been the cause
of the dog's becoming "abused" will be fined a minimum of $100.00 to a
maximum of $1000.00 and be restricted from owning a dog for from a minimun
of two years to a maximum of total restriction of ownership of a dog within
the limits of the Township of Mariposa for as long as the individual
resides in the "Township". The "Dog Control Officer" is empowered to<
immediately sieze and impound the dog if in his opinion it is deemed
necessary.

b) Upon confirmation of the guilt of the "owner" either by acceptance of
the opinion of the "Dog Control Officer" or by "hearing", the dog may be
resold, handed over to the local Humane Society, placed in a home
acceptable to the "Dog Control Officer", or humanely euthanized. If it is
decided that the dog is not "abused" then the dog will be returned to it's
"owner" with a warning and a clarification of the "Township" By-Law recited
to the "owner".

c) In the case that the animal is relocated to a new home, the status of
the dog at the discretion of the "Dog Control Officer" and not withstanding
clause n)2) may be re evaluated from "potentially dangerous" to "nuisance"
dog.

17. The "owners" of dogs deemed to be "potentially dangerous" by the "Dog
Control Officer" may request a "hearing" to establish the status of the
dog. The decision of the "hearing" will be binding. The "owner" of the
dog will give to the "Township" a deposit of $50.00 in the instance that
he/she desires a "hearing" to determine the status of the "potentially
dangerous" dog. The deposit will be refunded if the "panel" at the
"hearing" find infavor of the "owner". The request for a "hearing" must be
made within two working days of the original decision of the "Dog Control >
Officer". The "hearing" shall be conducted in from five to ten days after
the date of the request.

18

.a)

All dogs designated to be "potentially dangerous" shall be required
to be kept in the residence of the "owner" or in an "enclosure" when the
"owner" of the "potentially dangerous" dog is not at the residence where
the said dog is being kept. Any dog designated as being "potentially
dangerous" will not be allowed off leash within the "Township" limits
unless within an adequately fenced portion of the "owner's" property or on
property adequately fenced belonging to a consenting individual. DOG
OWNERS LIABILITY ACT---[65040, 65050]

b) If the "owner" of a determined "potentially dangerous" dog fails to
either provide proof or assurance satisfactory to the "Dog Control Officer"
that the dog will now be confined and restrained in compliance with the
provisions of this By-Law, or fails to claim the dog from the Pound chosen
by the "Township", if it has been previously impounded, and if the dog
cannot be adopted by someone providing assurance that it will be kept
confined and restrained as specified in this By-Law then the dog may be
humanely euthanized after ten days.

c) Any person/"owner" violating the terms of the clause shall be punished
upon first offence by a fine of $100.00. The fine will be subsequently
increased by $100.00 for each repeat offence a maximum of $500.00 and
withdrawl of the "owner's" licence to own a dog for two years.

19.

a)

Any dog that without provocation, considering clauses n)1),2),3),
causes injury by biting or by serious attack to a human being shall be
subject to the procedures in clauses 11 and 12, declared vicious.

b) Upon such an attack or assault the "Dog Control Officer" is
empowered to sieze and impound the alledged "vicious" dog if the conduct ot the "owner" or the dog cause in his opinion the necessity of the action to
protect the public.

c) The "owner" may designate a consenting kennel or veterinary clinic as an
alternative to "Township" facilities for confinement. All kenneling in
facilities other than that of the "Township" will be payable by the "owner"
of the dog.

20.

a)

A dog causing undue public concern for safety by lunging fiercely and
forcefully against a fenced enclosure within which is kept shall be
investigated and dealt with by the "Dog Control Officer".

b) Complaints arising from such a situation will give the "Dog Control
Officer" the right to inspect the premises in which the dog is kept. If
there is boubt in the mind of the "Dog Control Officer" that the dog is not
securely confined then he may require the "owner" to either reinforce the
perimeter fence or construct the perimeter fence of a material thru which
the dog cannot see. The "owner" may construct an adequate kennel run with
proper shelter from the elements and the dog will be required to be
confined when the owner is not home or cannot supervise his/her dog.

21. Dogs kept as compound dogs to gaurd property in the absence of any
resposible handler or "owner";

a)

The "owner" or individual hiring the services of such a dog will pay a
licence fee of $100.00 per year, per dog.

b) The fenced perimeter of the area in which the dog or dogs serve as
compound guard dogs will be inspected by the "Dog Control Officer" and must
pass his inspection before and guard dog may be turned loose unsupervised.

c) In the event that a dog escapes from the enclosure the individual
hiring the services of the dog will be liable to a fine of from $50.00 to
$500.00

d) The fine will be levied by the "By-Law Enforcement Officer".

e) In the event that the services of such a dog are required for less
than one year then the licence will be issued for the partial estimated
year always as long or longer than required never less.

22. In the case that a dog declared "vicious" is not euthanized:
If it is concluded that the dog declared "vicious" can be retrained and
socialized and that the bite or injury from the attack was the result of
improper or negligent training, handling or maintenance, the dog licence to
the "owner" shall be reissued with conditions and restrictions imposed for
the training, socialization, handling and maintenance of the dog to protect
the public. It must be properly concluded that the "owner" is able and
willing to properly carry out these restrictions and conditions and that a
similar incident is not likely to occur in the future. Prior to the
reissuance of a permanent licence, the "owner" of the dog shall show proof
that he/she and the dog have succeessfully completed a training course and
show proof of an "enclosure" where the "vicious" dog must be kept is
outside the residence when the "owner" or custodian is not physically
present with the dog when the dog is on the "owner's" property.

Non compliance will result in a fine of $200.00 and repeated infractions
will result in impoundment of the dog, euthanization of the dog, and the
revoking of the "owner's" right to acquire a dog licence for from two years
to a permanent ban. The "Dog Control Officer" will proved the owner a
temporary signed approval of custody while the owner and dog are completing
required conditions. DOG OWNERS LIABILITY ACT [65040], 2(b) PENALTY
[65050] (4) $5000.00

23. Identification of a "vicious" dog:
Any dog determined to be "vicious" and not euthanized will be required
to be tattooed by a qualified veterinarian at the "owner's" expense, with a
distinctive number (so as not to be confused with other I.D. tattoos) in
the right ear.
A new licence will be issued to the "owner" and it will display this
distinctive tattoo number. The "Township" will keep a list of all such
licences for easy referencing.
Any person whose dog has been determined to be "vicious" and whose right
to obtain a licence has been revoked by the "panel" shall not own, possess,
control, or be in charge of a dog for a period of from three years to a
perminent ban dependent upon the recommendations of the "panel". MUNICIPAL
ACT SEC.210 4(a) REFERED TO BY 4(d)

24. In the event that a human death is the direct result of an attack by a
dog or dogs, or in the case that very severe injuries are sustained, the
"Dog Control Officer" will recommend that the "owner" be charged with
criminal responsibilty and that the case be dealt with in a criminal court
of law.

25. None of the "panel" or the "Township" or their staff in animal control
or the elected officials, may be held resposible if a dog determined to be
"potentially dangerous" or "vicious" should at a later date cause and
injury to a human or to a dometicated animal either because of escape from
and "enclosure" or in any other circumstances. The "owner" of said dog
must be held responsible for the actions of his/her dog.

26. In the event that any Court should determine that any section of this
By-Law is invalid or ultra vires, such section, if the context permits
shall be severable and the remainder of the By-Law shall continue in full
force and effect.

27. By-law No. 89-55 of the Township and any amending By-law or By-Laws
are hereby rescinded.

28. This By-Law shall come into full force and effect on the __ st day of
_________ , 19__.

Schedule A

EVIDENCE

Determination of a "potentially dangerous" or "vicious" dog by the "panel".
In making a determination that a dog is or is not the above, evidence of
the following shall be considered;(DOG OWNER'S LIABILITY ACT - RSO 1980, c.
124, as amended by 1989, c. 72, s. 18; 1989, c.84, s. 20, [65,045]

1. The past and present temperament and behaviour of the dog.

2. The seriouness of the injuries caused by the biting or the attack.

3. Unusual contributing circumstances tending to justify the action of the
dog.

4. The improbability that a similar attack will be repeated.

5. The dog's physical potential for inflicting harm.

6. Precautions taken by the owner to preclude similar attacks in the
future.